Terms of Service

OpenHill ("we," "us," "our," or the "Service") provides a Telegram-based bot interface that enables users to provision and manage dedicated cloud servers with AI agent capabilities. These servers include AI assistants and desktop environments that users may access remotely.

The Service acts as a platform to facilitate server provisioning. We rely on third-party cloud infrastructure providers for the underlying servers.

Service Components

• Telegram bot interface for server management
• Automated provisioning of dedicated cloud servers
• AI assistant capabilities (powered by third-party models)
• Remote desktop access via web browser
• Subdomain allocation under openhill.ai
• Payment processing via Stripe

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:

• No warranty of merchantability: We make no guarantee that the Service is fit for any particular purpose or meets commercial quality standards
• No warranty of fitness for a particular purpose: We make no representations that the Service will meet your specific requirements
• No warranty of availability or uptime: We do not guarantee any level of service availability. The Service may be unavailable at any time for any reason
• No warranty of reliability: We make no guarantee that the Service will operate error-free or uninterrupted
• No warranty of accuracy: We make no representations regarding the accuracy or reliability of any AI outputs or information provided through the Service
• No warranty of security: We do not warrant that the Service will be secure or free from vulnerabilities
• No warranty regarding third-party services: We make no warranties regarding any third-party services upon which the Service depends

You acknowledge and agree that your use of the Service is entirely at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENHILL, ITS OWNERS, OPERATORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

We Are NOT Liable For:

• Server Downtime or Outages: Any unavailability, interruption, or failure of your provisioned server or the Service itself
• Data Loss: Any loss of data, files, configurations, or information stored on provisioned servers, regardless of cause
• Security Breaches: Unauthorized access to your server, account, or data
• User Misuse of Servers: Any consequences arising from how you or anyone with access to your server uses it
• AI Outputs or Errors: Any actions taken by, outputs generated by, or errors made by the AI capabilities
• Payment Processing Issues: Failed payments, double charges, refund disputes, or any issues with payment processors
• Third-Party Service Failures: Any failures or issues caused by cloud providers, payment processors, or other third-party services
• Indirect or Consequential Damages: Any indirect, incidental, special, consequential, or punitive damages
• Lost Profits: Any loss of revenue, income, or anticipated savings
• Business Interruption: Any disruption to your business or operations
• API Key Exposure: Exposure, theft, or misuse of any credentials stored on your server
• Network Attacks: DDoS attacks, spam, or network-based attacks originating from or targeting provisioned servers

MAXIMUM LIABILITY: Our total cumulative liability to you for any and all claims shall not exceed the amount you have paid to us in the three (3) months immediately preceding the claim, or fifty US dollars ($50.00), whichever is greater.

You are solely and exclusively responsible for:

• Server Usage and Content: All activities that occur on your provisioned server and all content stored on it
• Legal Compliance: Ensuring your use of the Service complies with all applicable laws and regulations
• Data Security: Securing your own data and implementing appropriate security measures
• API Keys and Credentials: Safeguarding all API keys, passwords, tokens, and credentials
• Backups: Creating and maintaining your own backups of all data. We do not provide backup services
• Account Security: Maintaining the security of your Telegram account and any other accounts used to access the Service
• Third-Party Compliance: Complying with the terms of service of all third-party providers

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Distribute malware, viruses, or harmful code
• Send spam, phishing emails, or unsolicited communications
• Conduct DDoS attacks or other network attacks
• Mine cryptocurrency without explicit authorization
• Store or distribute illegal content
• Attempt to gain unauthorized access to other systems
• Resell or redistribute the Service without authorization
• Engage in any activity that could damage our infrastructure or reputation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

6.1 Billing

All payments are processed through Stripe. You agree to provide accurate billing information and authorize recurring charges based on your selected plan (weekly or monthly).

6.2 Refunds

Refunds are handled on a case-by-case basis at our sole discretion. We are under no obligation to provide refunds for any reason, including but not limited to service dissatisfaction, unused time, or service outages.

6.3 Price Changes

We reserve the right to change our pricing at any time. We will provide reasonable notice of price changes via Telegram.

We reserve the right to suspend or terminate your account and server at any time, for any reason, including but not limited to:

• Violation of these Terms of Service
• Violation of the Acceptable Use Policy
• Non-payment or failed payments
• Suspected fraudulent activity
• At our sole discretion for any other reason

Upon termination, your server will be destroyed and all data on it will be permanently deleted. We are not responsible for backing up or preserving any data.

The Service, including its code, design, branding, and content, is the property of OpenHill and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

You retain ownership of any content you create or store on your provisioned server.

You agree to indemnify, defend, and hold harmless OpenHill and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and changing the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

If you have questions about these Terms of Service, contact us at hello@openhill.ai.